May 3, 2013

“In the quaint village of Edenton, where residents have suffered either a sadistic witch hunt of historical proportions or a rampage by a despicable gang of ritualistic child molesters, the public has been slapped in the face by a deal between prosecutors and Elizabeth Kelly.

“Kelly is one of seven people charged with sexually molesting children at the Little Rascals Day Care center. Her husband Bob is pulling 12 life sentences for his part, and lowly cook Dawn Wilson is pulling one life sentence. But Elizabeth Kelly will serve only a few more months because her lawyer got her a good deal.

“A deal? Either she is guilty of inflicting unspeakable horrors on babies or she is as innocent as a lamb. There are no degrees here, either they did it or they didn’t. If they did it, they all deserve to spend the rest of their miserable lives in prison. But if they didn’t do it – and the prosecution now seems unable to prove it and reluctant to try – then they all deserve to be free to exact legal revenge on a community that has put them through hell.

“There is no justice, no fairness and no answers in a deal that sets her free and leaves the others to rot in jail. If Elizabeth Kelly is set free by politicians, why should Bob Kelly and Dawn Wilson be sent to jail by juries? If Mrs. Kelly gets a deal, then all of them deserve the same deal.”

– From “When justice becomes the slave of convenience, faith fades” by News & Observer columnist Dennis Rogers (Jan. 30, 1994)

Jan. 23, 2012

Last week I visited Avery-Mitchell Correctional Institution in Spruce Pine to talk to Junior Chandler, who soon will have served 25 years on charges strikingly similar to those in the Little Rascals case.

Junior, now 54, may well be the last still-imprisoned victim of the ritual-abuse contagion that swept the nation’s day cares in the ’80s and early ’90s.

I’ll be updating his case soon.

In Junior’s former life in the mountain town of Revere, he told me, he was close to his parents, his wife and two boys, his two brothers.

Early on, he and his brothers helped their uncle grow tobacco and corn. Before driving a van for the Madison County Day Care Center, he had worked for the Forest Service, the Department of Transportation and Southern Railroad. At least one job he gave up because it interfered with his softball tournaments and night fishing.

In prison, visits from his family became less frequent, and eventually his wife filed for divorce. “Two life sentences,” Junior says. “She couldn’t wait, you know.” And his sons couldn’t keep watching him aging away in his prison grays.

When his father died in 1997, he attended the funeral in handcuffs. He worries about his mother, who recently suffered a stroke.

He sleeps in a bunk bed in a dorm with 33 other inmates. His assigned janitorial job is cleaning meal trays. For relaxation he plays volleyball and horseshoes, watches Westerns on TV, reads a little. His only write-up was a scuffle not long after he arrived. “It’s learning to walk away and how to carry yourself,” he says.

Of course I was touched by Junior’s deep sadness and resignation. Sometimes I find it too easy to minimize the emotional havoc wrought by incarceration of the guilty – just imagine what it must be like for the innocent.

Oct. 12, 2012

The exoneration of Willie Grimes warms my heart, and not just because the 66-year-old parolee has become “Free at last!” after a 1987 rape conviction in Hickory.

As often lamented on this site, prosecutors such as those in the Little Rascals case simply refuse to acknowledge, much less take responsibility for their mistakes.

In the Grimes case, however, District Attorney Jay Gaither told the Innocence Inquiry Commission panel, “The State cannot argue any conclusion other than for innocence in the case of Willie Grimes,” then rested the state’s case and sat down.

Afterward, he explained that “In this week’s presentation of evidence we counted no less than 35 pieces of evidence and testimony in support of innocence…. The fact that the three-judge panel was so emphatic in its conclusion and decision only strengthens the confidence I have in our decision.”

But Gaither went even further, on camera and rebroadcast by WSOC-TV: “On behalf of the district attorneys of North Carolina, I want to offer an apology to Willie Grimes.”

Yes – an apology!

Although the Grimes conviction occurred long before Gaither took office in 2002, DAs often feel compelled to defend even their predecessors’ performance. As former New York prosecutor Bennett Gershman has observed, “The prosecutor can’t do anything that undermines the public’s confidence in the prosecutor’s office. Once the public begins to doubt that prosecutors convict guilty people – that there may be mistakes in the system – that undermines confidence in the prosecutor….”

Gaither took the opposite approach. “You don’t just brush off 24 years of a man’s life and go on,” he told me Wednesday. “A series of events denied Mr. Grimes a fair trial. Closure was required.

“I wanted the public, as well as Mr. Grimes, to know that we weren’t just beat down, but that we were actually sorry.” (Click Gaither’s picture above to watch the broadcast that includes video of the courtroom apology.)

Also notable is how Gaither framed his apology: “I was speaking not so much for district attorneys as individuals, as for the State of North Carolina…. Only 44 of us have that right to say ‘The state says….’ ”

In this case, that right was admirably used. Would that it happened more often.

Nov. 15, 2015

“In 1977 the Canadian psychotherapist Lawrence Pazder published a memoir of one of his patients, ‘Michelle Remembers.’…

“Michelle’s memoir had been preceded by a number of other books by survivors of child abuse, such as ‘The Three Faces of Eve’ (1952) and ‘Sybil’ (1973)…. What Michelle remembered, though, set her book apart. The narrative included lurid details of years of sexual abuse, satanic ritual, animal sacrifice, serial rape, baby killing and a climactic final battle between the devil (complete with horns and tail) and the Virgin Mary…

“Michelle had apparently repressed the memory of these events for something like 20 years. Only after sessions with her therapist (whom she later married) did the memories reemerge, from the couch to the printed page.

“‘Michelle Remembers’ was the first to really discover satan, and many of its narrative moments would recur, endlessly, in the following decade in a series of expanding claims of a secret satanic conspiracy for world domination. As one law enforcement official put it, ‘Before “Michelle Remembers,” there were no Satanic child prosecutions. Now the myth is everywhere.’ ”

– From “From History to Theory” by Kerwin Lee Klein (2011)